
Woman, as half of humanity and an important and inevitable member in the human society, as well as one of the two pillars of family makers, in history, has encountered the diversity of judges and has passed highly heterogeneous and poor conditions. A glance at history indicates that woman in many eras and many communities has suffered a sort of deprivation and her humanistic rights were dominated by male and culture of patriarchy has been violated. This interpretation, if not comprehensive and accurate with what has happened, as we can observe this violation of rights about children, as well as poor social classes and May perhaps one can claim that the oppression made to the righteous, reformers and prophets during human history has been the most, and most unbearable cruelty but, we can not be ignored that each system has had its own reasons. If we want to briefly investigate the factors affecting women's rights in society, some of them are included in natural factors, some within the realm of social conditions and some lies in functional part and some returns back to cultural beliefs and ideas. Investigation about these factors and the share of each one in the formation of social and human rights of women, by its own, needs a separate research and we in this document just aiming to survey the issue of women’s rights in the works of Shahid motahhari (R A), based on his citations to Quran and his divine beliefs however, the verses of the Koran and the Islamic theories in the field of personality and the women’s rights constitutes the culture or is an important part of the culture of our Islamic communities . Therefore, as it was pointed out , social and cultural conditions is regarded as significant factors of approaches to the women’s rights and sort of attitudes and processing to it and this case has caused the issue of the women’s rights of in the present era , according to significant social and cultural changes with a more serious ways to be presented and sometimes by feminism ends with the attitudes and extremist comments . In this atmosphere of full changes where most of the life, cultural dimensions and human social relations have been underwent fundamental changes and certainly, the thirsty and critical eyes of the current generation have also been attracted toward religious and Koranic teachings and is trying to find the answer for the following question.
1- From the perspective of the Koran, what sort of creature the woman is?
2- Is the woman equal to man in terms of honor and dignity to man?
3- Has the religion for men and women stated a sort of rights and duty or a sentence, discrimination or has deemed a difference?
4- Is the situation of law for women and men identical?
5- Is the attitude of religion toward women with reverence or contempt?
6- Is stating special regulation such as dowry, the necessity of woman’s alimony on man, the man’s right in divorce, half share of woman’s inheritance, allowing polygamy for men, the witness of two women, instead of one man, man’s choosing as family head, child custody by woman and … representing the religion’ view to her as a weaker and lower creature and these differences is not an insult to women’s rights?
7- The less obvious presence of women in political, social and cultural fields and her placement in the hijab and chastity is not hindered her achievement to her right.
Therefore, this dichotomy has stemmed from their physical as well as emotional structures; as freedom and equality of human inspired by their nature and also their duality and efficiency are also originated from their body structure. According to Shahid motahhari : men and women are two - stars in two different circuit ; each should move in their own circuit, the main reason for happiness of each men and women, in fact , the humanitarian community is that the two sexes continue to their own movement . Freedom and equality when is beneficial that none astray from their circuit and their natural path ultimately, what has caused discomfort in that community is uprising against the command of nature , and nothing else.
According to the master, Islam with its own celestial teachings is revival of woman's rights , especially the Koran in the era of its emergence has taken strides in the favor of women as well as her rights, but never , it ignored the feminine of woman and masculinity of the man but , treated woman as she is in the nature ; the woman in the Quran is the same woman in the nature . However, the book of religion and the book of nature have provided an interpretation and the height of the speech about the rights of women in the Quran is the same adaptation and coordination.
Men and women with equal or identical rights
One of the questions or criticism made to the attitude of the rights of women defined by the Quran, is that if Islam had considered the woman as perfect human, would have stated the same rights for her equal to men but, it has not specified the same rights and equal respect for her. So, it does not consider her as real human. In order to respond to this problem , we must first see whether the similarity of men and women in terms of their human dignity and their equality of rights and humanity , means their similarity in their rights , or equality is an issue other than similarity . Master Motahari writes:
"equality is other than similarity, equality means identical and similarity, monotony. May be a father shares his wealth equally (in terms of value) among his children, but not similarly. For example, may be the father have had some pieces of properties assets, both trade and commercial houses and real farm but ,considering that he has already evaluated the talents of their own children so, in one his children he has seen the taste of trade and other interested in agriculture and in the third keeping real estate , and, when he wants to divide his wealth, considering what he gives to all children, in terms of value to be equal to each other, and the father should not prefer them to each other ; he gives to any of his children the capital that he has already tested it as suitable for his or her talents. He, in answering to the question that why in all cases there is no similarity between the men and women’s rights and in some cases, the difference is observed, however; he has widely followed a discussion including the following cases and in the light of the Koranic verses reviewed it.
1- The position of women in creation;
2- The natural differences in the creation of men and women ;
3- The dissimilar philosophy of rights and duties of men and women
The position of women in creation
According to Master Motahari, the Quran with interpretation of creation has stated the infrastructure of regulation of social affairs, including the possession, governance, familial rights and so.
The Holy Koran, unlike other resources that today are known as divine books considers the nature and primary creation of woman respectful nature and, it has not considered the nature of man and woman dichotomous and obviously, by several verses in the Holy Quran says that we have created women of the nature similar to those of men: Hey people! Fear of your creator, the one who created you from one sex and from that sole body her husband, and from the two men created many men and women. That is, the creation of man whether man or woman, has been from one genus and one species and Almighty God has created the woman (Eve) from the same genus (mud) of Adam; the genus for the creation of Adam and Eve is the same and the creation of both is from soil. In other verses have also clearly been pointed out that the creation of man and woman are identical in creation and no one is preferred to the other while,
the existing Torah, has presented the woman from an inferior material than the nature of man and believes that essence of women has been a small part of man and was created from the man’s left gear .
God hath prevailed a deep sleep on human so that He took pairs or one his one of his gears and instead and the meat filled its position and God replaced that gear taken from man, by a woman and brought her to man. But in the Quran, such a privilege is not seen between men and women, as in Surah of Az-Zumar refers to identical creation of man and woman and does not consider any difference or privilege for none of them . So, Quran says: “Created you from a single soul and from that single soul, provided a wife, too.”
In another verse, we read “He is the one who has created all of you from a single soul and from that soul provided a wife who calms him down.
Male and female with unique character:
Quran for all people, whether men and women, gives the same character and nature and , considers the same its primary yeast in the creation. In the works of master Motahari, nature or temperament is a particular and specific type of creation, in other words, is a certain kind of mood structure, nature and the path where the man in his creation before being influenced by factors within education historical, social and geographical in the mysterious story of the creation of man, woman and man, both with a position in the First paradise, have been established and benefited its blessings. [Such as] In the fall, repentance, the esteem, dialogue with God, a bulwark against the devil, the homogeneity in the reign of God and so on, they share with each other. The consistency of male and female in the story of Adam and Eve, reveals the view of Quran to the woman that in the creation, there is no difference between men and women. But unfortunately, what has remained in other scriptures as divine revelation - which in our view is distorted - has introduced woman as source of confusion and sin as we read in the Torah:
And when the woman saw that tree was good for food and looked pleasing, facade and increasing knowledge, then, she ate from its fruit and also gave to her husband, and he ate ... God called to Adam and said: Where are you.. Did you eat the tree that i ordered you shall not to eat it? Adam said:
This woman who you made identical to me, gave me the fruit of that tree, and I ate ... said to Adam because you heard the voice of your wife and [you} ate from that tree that I commanded you not eat of it and then, because of you the ground was cursed
Professor Motahhari in this cynical and humiliating attitude writes:
one of the other contemptuous ideas has existed in the past , and has left adverse effects in the literature of the world, is that the woman is the element of sin and from her essence pours out evil and temptation and in other word, woman is small devil . It is said that in every vice and a crime that men have committed, a woman has been involved in it; they say the man in his nature is pure of the sin and this woman who brings man into sin and, also say that the devil can not directly inter into the man and, only it is through the women that deceive them, so, the devil tempts the women and the women tempts the men.
Koran has expressed the story of Adam and Eve on many occasions but, never has talked about the women as villain or her nature as sin but, he believes that if each man and woman commits a sin, each will be responsible for their his/her own deeds. Quran, when is talking about the temptation of devil, uses the pronoun as "Deuteronomy" and says,
“Satan tempted both of them “
“Satan deceivably guided them”
“Satan swore against both of them wants nothing for them, but good. (12)
As can be seen, the Quran has exonerated the woman of common and pessimistic beliefs and released her of being the source of sin , perversion of man or Satan's puppet.
Women’s achievement to spiritual perfection, like man
one of the other humiliating comments to women in pre-Islamic culture and the distorted religions, was that women in terms of spiritual abilities are weak and she is unable to gain higher levels of spiritual way and, to reach the divine revelation! But according to the Holy Quran, there is no difference between men and women in the possibility of traveling ways of divine revelation and sublime to higher levels of eternal world and in in this sense, the gender does not involve. Whether men or women, each one who consciously and in the time of life to act competently, in the eternal world will regains a great reward as well as high positions. The Professor martyr writes:
The Holy Quran in the abundance of verses has stipulated that the heavenly rewards and divine revelation is not related to gender but rather is concerned with faith and practice, either by woman or the man however, Quran beside every great and sacred man mentions a great woman as well as highly honoring the wives of Adam, Abraham, Moses and Jesus. If it talks of the wife of Noah and Lot as those incompetent to their husbands, has not neglected the Pharaoh's wife as a woman who has been entangled by an evil man anyway, as if the Koran has demanded to maintain balance and does not confine the heroes in stories only to men. “In the stories narrated by Quran as verses, the mother of Moses and the mother of Jesus reach a position that they are inspired and the angels speak with them and, the Mary, gets a position that from unseen receives the blessings of God and sits on the tablecloth of God’s spirituality and divine perfection.
Men and women complement to each other
Out of negative attitudes has been existing about women in human societies is that basically the creation of man has been because of man; the woman has been created to satisfy the needs of man and equally, the valuation and status of women in comparison to men, is counted as subsidiary and marginal!
But, the Quran has not considered men and women as subordinate to the other but, has regarded of both of them beside to each other and complement to each other. Islam never says that the woman has been created for the man, but says that each man and woman has been created for each other.
{Verse} Women are the men’s clothing, and the men are cover and the cloth for women.
It means both men and women keep each other from deviation, cover the faults of each other and they are the means of mutual comfort henceforth; any one is regarded ornate for the other. This interpretation of the verse clarifies the end of spiritual connection of men and women as well as their equality; the same phrase that came about men is about women, too.
The existence of woman as, a source of tranquility for men
from other signs of negative related to women is that the nature of woman has been considered as inevitable evil, while the Koran has introduced woman as a source of calmness:
of verses and signs of God is that he has created wives of your own sex, to calm you!
The verse is of a series of verses talked about the creation of the Divine signs and provides monotheistic verses. In this verse, introduces the woman as reason of peace and also talks about the link between spouses (male and female) - that its asset is attraction, heart and spiritual grasp – and the presence of woman as a wife and comforting and as a great gift of God is being issued. Some members of religions, has thought of sexual desire intrinsically something impure and sexual intercourse the cause of misery and collapse and perhaps the reason for the spread of marriage impurity and sexual intercourse among Christians , is the misunderstanding of some scientists is due to the celibacy of the Christ (RA) . The clergy and Christian saints considered the reason to reach the spiritual accomplishments in all life by avoidance of being adulterated by women. However, Popes have been chosen from among “single escaping from women “and the church has necessarily allowed the other men to marry because of generation continuity but, they have believed its inherent impurity. Professor Motahhari, in the light of Quran verses and religious teachings has provided a beautiful picture and in accordance with the creation of marital link and religious point of view in this regard, writes:
In Islam the slightest allusion the impurity of sexual interest and influences has not been made so, Islam has used its own their efforts to regulate this interest. From the perspective of Islam, the sexual interest is not only contrary to the spirituality and spirituality but, is regarded as the Prophets’ temperament. In a Hadith, we read:
In Islam, Unlike the negative stereotypes for women, monasticisms, and isolation are rejected and a Muslim who is unresponsive and hates woman has been heavily criticized, such as quoted by Shahid Motahhari, we read in the history of Islam:
One of the companions Great Prophet Of Islam (PBUH) named Osman Ibn Maz’oun, worshiped so much that he was fast all days and prayed all night till morning. His wife made the Prophet aware of that. The Prophet (PBUH) while Anger was apparent on his face, moved forward and Osama Bin Maz’oun, and told him: Hey! Othman, know that God has not sent me down for monasticisms; I personally, say my prayers and fast, and I sex with my wife. Everyone who wants to follow my religion must take my tradition. Marriage and doing sexual intercourse is part of my traditions.
Natural differences between men and women
Master Shahid motahhari after the debate on the creation of man and the position of woman in creation discusses the present differences in the creation and nature of men and women so; according to him , these differences makes men and women in terms of natural and innate rights have heterogeneous position.
According to Shahid Master, the familial and legal relations of men and women from the view point of the Koran have some characteristics which vary the pre-Islam ignorant culture and modern culture. That’s why, the woman because the woman and the man in some reasons are not identical, in terms of legal issues , duties , homework, sanctions and a similar positions .
In the current era, it is tried to create a similar situation between men and women in terms of stating law, regulations, rights and duties and, to ignore the natural and innate differences between men and women. Shahid Motahhari, has considered the equality of men and women’s rights as a certain truth but, the similarity and resemblance as something inaccurate and impossible because, due to the creating structure of the men and women as well as their physical and mental characteristics and needs , the same rights , is neither possible nor deserved , but it is right that woman gains her own suitable rights and to the extent that the nature of male and female has is required , their rights also to be differed . This idea is compatible with justice and natural rights of human and the happiness of the man is supplied by such a co - ordinated logic with the creation of man, because, men and women with different needs taken from nature is appeared in the social arena , family and … , however; by documentations that natural law and the way of creation has granted men and women , the right of every one is being cleared.
Therefore, defiance of this law causes injustice to man or woman and, by Ignoring natural difference and turning a blind eye on reality, human rights are violated; this violation may be associated with deceptive slogans such as feminism or equal rights of rights men and women.
The philosophy of difference rights of men and women:
There is no doubt that with a primary look at Islamic jurisprudence , some disparities are seen between the rights of men and women , but , as we mentioned, it is better to consider it as rights because any difference is not subjected to discrimination and oppression as every equality, sameness and equality , justice is not certainly fair .
Now, the question is that if these differences are inherent and regarded as fixed Islamic jurisprudence, or of the subcategories which is adjustable in frameworks of Ejtehadi?
Some has made their work easy and absolutely regarded all of these as the mainstreams of Islam that are changeable and one can matching them by the requirements of the day as well as the situation of the community,. They believe that these disparities are part of insignificance of Islam and so, by definition, could be other than goals. Generally, the legal system of Islam belongs to its subcategories and we should not consider the ruler the same as to the way of achieving those objectives.
According to their belief the prophets has not upraised for changing the level of the people’s way of life, or changing their wisdom, but their important goal was bring new concept into life , not a new way of life. The People spend their own life and religion does not create a change in the way of life but, they consider it related to this new meaning that is, “getting close to God”. The social ruling of Islam relies on the traditions of society. A high percentage of Islamic law is a “signature “previously existed in society before Islam and religion, based on the same usages had prevailed in that current Arab community , has legitimated and considered them true therefore, religion adopts the custom of each era and by few changes interns of destination, the way of implementation, or balance spread the shield of religion on them and correlating them to focus attention on religion hence; he suggests that how it has been possible that Prophet more or less has signed the environmental and social customs and traditions of his time and there is no reason that we say that way of living is the best and irreversible. Therefore, owners of these implications about the inequalities seen in the rights of men and women, say:
These disparities are parts of Islam’s subcategories selected by the conditions where the Prophet was emanated of them and by no means, they are regarded as the absolute and transcendental values of human.
According to them, these subcategories can be subject as elemental Ejtehads and are replaced by the current events, but with the legal objectives and transcendental value of Islam.
We in this document cannot have such an absolute claim because, the foundation of the Islamic resources does not help up to this degree, but , we remind that many special rights for women in Islamic jurisprudence is not so much that in the changing conditions and different , remains constant and deems the realities unseen and doesn't have a chance to ijtihad . Shahid Motahhari has considered to survey that “secret of differences” between men and women's rights , especially in terms of the effect of the historical and social factors had on them that unfortunately the time has not given them such an opportunity to do so , but meanwhile , some of his issues has pointed to wisdom and philosophy and some to the decrees and the law. He writes: I have thought under the title of “the secrets of the differences” to debate on this issue that social and historical factors, how could be effective in these differences so, to avoid of issue to become long, I forget an independent discussion and along with, the future discussions, the content will get quite clear.
dowry in the law system of Quran
According to the Koran , the man at the time of marriage contract and proposal, offers a gift to the woman that her father, brother or other female relatives do not play any role. Women at the same time that receives such a pre- assets or gifts, in fact maintains her social and economic independence; she with her own freedom chooses her husband, not with the will of his father or anyone else , and when in her family lives with her husband , no one has the right like ancient history, to takes her for service and abuses her. The attainment or salary of her work belongs to herself not to others and in the in the legal dealings, she does not need a mandate. Only men and women have the right to be in stable vows and just for sexual needs to be committed and the man, for the pleasure of woman, have duty to supply the life as much as possible for her. In the Holy Koran, there are a lot of verses that woman’s dowry belong to herself not to the other and the man should be responsible for all the expenses of her marriage , at the same time the income she obtains ,he belongs to herself , not to the other , husband or father. Naturally and commonly, this is the man who loves women and offer affection to her and to get her favor, gives her a gift. Men have always been willing and women has never followed the man greedily and has shown a sort of independence and needless; hence dowry is rooted in respect and modesty and virtue of woman. Woman, by thinking inspiration has learnt that her dignity and respect is that does not put herself on sale freely for man but also, in the light of such natural revelation, she could have attract the man as suitor to her home.
The Holy Quran through a unique eloquence says the woman - who belongs to one of them (not to their fathers and brothers) – and it is an Atiyah or a gift from you, and gives it to their own.
According to the professor, in this verse three points were pinpointed.
1- Dowry is mentioned as “Sadage” and no dowry, because “Sadage” means a symbol of man’s interest or his honesty.
2. I n terms of Arabic grammatical rules (female pronoun) we can perceive that dowry belongs woman herself and no one else.
3. With interpretation of Nahle (Arabic word) Quran shows that the dowry is nothing but, present and gift.
This gift of the dowry is not just confined to official marriage and legitimate relationship, even in cases that both men and women have illegal relations, it is the man who gives the gift.
Based on this basis , Master concluded as:
Kindness is stemmed from affectionate emotions and not the violent one , and what caused by woman in this regard, has been the her feeling of conservatism not her weakness, and her poverty of will , so, Dowry is a strategy stated by Law to raise the value of women and put her in the higher positions ;however, dowry bestows character to women and the spiritual value of dowry for a woman is more than her material value .
Holy Quran abrogated the customs of ignorance era on the issue of dowry and , returned it to its natural way , because in time of ignorance era , the fathers and mothers considered the dowry as their own right as ( bride money ) , but the Koran explicitly pronounced it as her right , because at the time of ignorance , as a young girl was born , people congratulated the parents for their girl as a source of wealth increase and it was implied and referred to her marriage time when they receive money from her spouse as dowry. In the era of ignorance, the fathers and in the absence of them their brothers who were the guardian, espoused the girls and they received the dowry themselves. Sometimes some fathers and brothers exchanged the girls and daughter to each other and received for each a particular dowry. This type of marriage was known as “Shogar” the Prophet (PBUH) rejected it and said: Islam removed all of these rules and even including, also rejected the dowry moreover; holy Quran has also rejected the working of the groom.
In the era of ignorance also women (the wives) has been the tradition of heritage that has been abolished; it means that wife at the time of the husband’s death has been regarding as the heirs that Holy Quran rejects it:
Oh believers! , you are not allowed to call your wives as your heirs as while the women are no twilling.
On the era of ignorance, in order not to pay the women’s dowry , the accused them to prostitution or put them under the pressure or oppression so that they don’t pay dowry therefore, Holy Quran rejected it ,too
“Do not torture or confine women because of taking them something, or violation of their rights.
Woman’s right of properties:
Shahid Motahhari writes about the right of women’s ownership:
One of the certainties of Islam is that man has no right to the property and the job of woman that commands to do that for me and not if a woman did something and as result obtained a fortune , then, the man has no right that without women’s will seizures her wealth , and due to this reason man and women have equal status .
There might be some problems in the present traditions and cultures of any communities in the relationship between woman and Spouse and the woman’s right being violated but, these shortcomings are unrelated to the woman’s rights in the Holy Quran. Every Muslim is responsible for his or her own behavior and has obeying his or her own responsibility facing the religion or justice that the religion is depend on him or her. Dowry, according to the verse, because has to be paid by man and now it is costume that dowry is regarded as financial collateral and is not directly requested by woman unless, when a dispute arises so, these situations are not based on Islamic rules. So, it is the situations that in our time the women are flexible to women and the history shows that the Holy Prophet, under any conditions, was not ready to give a woman to a man unless, by dowry.
Some people have misinterpreted the issue of alimony and considered it as a sort of woman’s misery, so Master Motahari writes:
If some one says that the woman’s Alimony in the West has not been something unless her payroll or her sign of being slave, he would be right.
Because, when the woman is allowed to go into man’s home free of charge and manages there and not to have the right of property then, the alimony paid her is regarded as payroll paid the prisoners , or the forage is given to load carrier animals but, if a particular rule is being stated in the world that does the domestic manage of the house instead of woman and gives her the right of collecting the fortune and complete dependency then, in these situations will exempt her of taking part in familial fund and [God} has thought of another philosophe and we should ponder over it.
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